HAROLD C. HOHBAC H ALOO J. TEST ELMER S. ALBRTTON THOMAS 0. HERBERT M LTO N W. SCHLE:MMER DONALD N. MACNTO S H.J ERRY G. WRG HT EDWARD S. WRGHT DAVD J. BREZ NER R C HARD E. BACKUS $T :PHEN E. BALDW N STEPH E N C. SHEAR HENRY K. WOODWARD LOWELL C. B ERGSTEDT W LL AM J. EGAN l l REG NAL D J. SUYA T DEBRA E. OAH L W LLAM E. LE VN W LLAM A. CAMMETT GAR Y S. WLLAMS FLE HR. HOH B ACH, TEST, A LBRTTON & HER B ERT ATTORNEYS AT LAW VA FEDERAL EXPRESS PATENTS, TRADEMARKS AN D COP YRGHTS SU TE 00 F"OUR EMBARCADERO CENTER SAN FRANC SCO. CA L F"ORNA 1-1 ( 1S) 1-1 March, 1 PAUL D. F"LEHR MARCUS LOTHROP BAYLOR G. R DDELL OF' COUNSCL CABLE: : FLEHRSF TWX: - FLEHR SFO PEN NSULA OFFCE 0 SHER DAN A V EN UE PALO A LTO. CALF. 0 ( 1) - 0 James T. Williams, Esq. Neuman, Williams, Anderson & Olson West Washington Street Chicago, llinois 00 f'@r!:awq Re: Dear Jim: Magnavox and Sanders v. Activision Civil Action C 0 TEH Our File L- MAR ll 1 NEUMAN, WLUAMS, ANDERSON & O~N JAMES T. WLJAMS Pursuant to our telephone conversation today have revised the Stipulated Protective Order which you previously forwarded and am enclosing a copy. Specifically the Order is changed in Paragraphs (second and third sentences), (B), (C) and (C), all as we discussed. n order to move the possibility of settlement discussions off dead center we would appreciate it if you would bring along with you on Monday those license agreements with manufacturers of cartridges. As underst and it this includes only Mattei, Milton Bradley and Coleco, as well, of course, as A tari whose two licenses we already have. As have mentioned to Ted it would also be very beneficial in discussing settlement if we were to know what you consider infringing games, as well as t he criteria you are using to determine infringement. n response to our interrogatories you have identified the games "Fishing Derby", "Boxing", "Tennis" and "ce Hockey". t would be well to know if these are the only games which you consider to infringe and also why these games are considered to be infringements and others are not. am looking forward to seeing you on Monday. Very truly yours, TOH:nad Enclosure FLEHR, HOHBACH, TEST, AL~ERBERT ThZ~rbert
L- 1 FLEHR, HOHBACH, TEST, i ALBRTTON & HERBERT ALDO J. TEST THOMAS 0. HERBERT ' EDWARD S. WRGHT ' Suite 00, Four Embarcadero Center j San Francisco, CA 1-1 '. Telephone: ( 1} 1-1 S ~~~~ WLSON, SONSN, GOODRCH & ROSAT. HARRY B. BREMOND MCHAEL A. LADRA : Two Palo Alto Square. Palo Alto, CA 0! Telephone: (1} -00 Attorneys for Defendant N THE UNTED STATES DSTRCT COURT FOR THE NORTHERN DSTRCT OF CALFORNA 1 ; 1 1 ' 1 1: 1 1: 1 li 0 r propounds the following interrogatories to plaintiffs, The Magnavox Company (hereinafter Magnavox} and Sanders Associates, nc. THE MAGNAVOX COMPANY, } a Corporation, and } SANDERS ASSOCATES, NC., } a Corporation, } } Plaintiffs, } } v. } } ACTVSON, NC., } a Corporation, } } Defendant. } Civil Action C 0 TEH DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -) Defendant Activision, nc. (hereinafter Activision) (hereinafter Sanders), to be answered by each of said plaintiffs in writing and under oath in accordance with the provisions of Rule of the Federal Rules of Civil Procedure. These interrogatories are ll ll Page 1 - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -}
',, intended to be continuing in their effect and to require supplementary answers with respect to any and all facts or documents within their scope which may come into the possession of plaintiffs or their attorneys subsequent to the a nswering of these interrogatories. ' i' DEFNTONS 1. "Magnavox" shall mean plaintiff The Magnavox Company, its s ubsidiaries and/or related companies, officers, employees, managers, representatives, agents, attorneys and any other persons acting on behalf of The Magnavox Company.. "Sanders" shall mean plaintiff Sanders Associates, nc., its subsidiaries and/or related companies, officers, M ' employees, managers, representatives, agents, attorneys and any 1 other persons acting on behalf of Sanders Associates, nc. 1. "Activision " shall mean defendant Activision, nc. 1. "Document" shall mean written, recorded or graphic 1 matter, however produced or reproduced, including, but not limited 1 to letters, correspondence, memoranda, notes, work papers, tapes, 0 data storage media of any type, charts, books, accounting records, drawings, sketche s, photographs, b ulletins, circulars, advertising,! or copies of such documents where originals are not available. 1 Documents should be identified whether or not they are deemed privileged or confidential and whether or not they are in plaintiffs' possession, custody or control.. "dentify", when used in reference t o a document, means to state the type of document (e.g., letter, memorandum, report, etc.), the date, the title or he ading of the document, the Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. - )
identity of the addressee(s), the identity of all persons to whom j copies of the document were sent, and the present location of the '1 original document (or, if the original is unavailable, of the most!j legible copy) ~. "dentify", when used in reference to a natural 1: person, means to state the full name of the person, the present or! last known address and telephone number of the person, and the, relationship of the person to plaintiffs, if any.. "dentify", when used in reference to an entity other than a natural person, means to state the full name of the entity, the nature of the entity (e.g., corporation, partnership, etc.), the present or last known address of the entity, and the full names! of the principals of the entity (e.g., officers, partners, etc.). ; 1 J,. "dentify", when used in reference to a communication, ~ ~ means to state the nature (e.g., conversation, written correspon- 1 1 ' dence, etc.) of the communication, the date of the communication, 1 : the person or persons present, and the subject matter of the 1 ' communication. 1 li. "Licensee" shall include sublicenses and all other 0 ' types of licenses. 1 NTERROGATORY NO. NTERROGATORES For each combination of the games identified in response to NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS {namely, "Fishing Derby", "Boxing", "Tennis" and "ce Hockey") and the consoles identified in response to NTERROGATORY 1 Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
1 NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS ' (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim of United States Patent Re.,0, 1 1 identify the elements which plaintiffs contend correspond to the following elements of the claim: 1 1 1 1 ' 1 1 A. A hitting symbol; B. Means for generating a hitting symbol; c. A hit symbol; D. Means for generating a hit symbol; E. Coincidence between said hitting symbol and said hit symbol; F. Means for ascertaining coincidence between said hitting symbol and said hit symbol; G. A distinct motion imparted to said hit symbol upon coincidence; and H. Means for imparting a distinct motion to said hit symbol upon coincidence. 0 ' NTERROGATORY NO. For each combination of the games identified in response 1! to NTERROGATORY NO. of DEFENDANT 'S FRST SE'l' OF NTERROGATORES TO PLANTFFS {namely, "Fishing Derby", "Boxing", "'l'ennis" and "ce Hockey") and the consoles identified in response to NTERROGATORY NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES '1'0 PLANTFFS {namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, ll Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS {NOS. -)
! 1 ll and the combination of the Colecovision game console and the.,!' Expansion Module 1) which plaintiffs contend constitutes an : ij infringement of Claim of United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the., ~ following elements of the claim: A. A variation in the horizontal position of the hitting a i B. c. symbol; A variation in the vertical position of the hitting symbol; and Means for providing horizontal and vertical control signals for varying the horizontal and vertical positions of said hitting symbol. 1 NTERROGATORY NO. 1 For each combination of the games identified in response 1 j to NTERROGATORY NO. of DEFENDANT'S FRST SET Or' NTERROGATORES 1 1 TO PLANTFFS (namely, "Fishing Derby", "Boxing", "Tennis" and "ce 1 l Hockey") and the consoles identified in response to NTERROGATORY 1 NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS 0 ' (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, 1: and the combination of the Colecovision game console and the 1 Expansion Module 1) which plaintiffs contend constitutes an ji 1 infringement of Claim of United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim: Page - A. A baseball type game; B. Apparatus for playing a baseball type game; c. A hit spot; DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS {NOS. -)
D. Means for displaying a hit spot; E. A hitting spot; F. Means for displaying a hitting spot; G. An adjustment in the vertical position of said li hitting spot; H. Means for adjusting the vertical position of said hitting spot;. A serving of the hit spot; J. Means for serving said hit spot; K. A variation in the vertical position of the hit spot; L. Means for varying the vertical position of said hit spot; 1 M. Coincidence between said hit and said hitting spot; 1 N. A reversal of directions by the hit spot; and 1 0. Means for denoting coincidence between said hit and 1 said hitting spots whereby said hit spot will reverse 1 1 directions. 1 0 1 NTERROGATORY NO. For each combination of the games identified in response to NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES 1 TO PLANTFFS (namely 1 "Fishing Derby" 1 "Boxing", "Tennis" and "ce Hockey"} and the consoles identified in response to NTERROGATORY NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which plaintiffs contend constitutes an Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -}
1 ~ infringement of Claim of United States Patent Re.,0, ;, ~~ identify the elements which plaintiffs contend correspond to the following elements of the claim: 1 1, ' 1 1 1 1 1 1 0 ' J: A. A hockey type game; B. Apparatus for playing a hockey type game; C. A first hitting spot; D. Means for displaying a first hitting spot; E. A second hitting spot; F. Means for displaying a second hitting spot; H. A hit spot;. Means for displaying a hit spot; J. Control of the position of the first hitting spot; K. Control of the position of the second hitting spot; L. Means for controlling the position of said first and second hitting spots; M. Controlling of the position of the hit spot; N. Means for controlling the position of said hit s pot; 0. Coincidence between the first hitting spot and the hit spot; P. Coincidence between the second hitting spot and the hit spot; Q. Means for ascertaining coincidence between either of said hitting spots and said hit spot; R. A distinct motion imparted to said hit spot upon coincidence; and S. Means for imparting a distinct motion to said hit s pot upon coincidence. ll Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
NTERROGATORY NO. 0! For each combination of the games identified in response! to NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES 1 TO PLANTFFS (namely, "Fishing Derby", "Boxing", "Tennis" and "ce i Hockey"} and the consoles identified in response to NTERROGATORY li NO. 0 of DEFENDANT's FRST SET OF NTERROGATORES TO PLANTFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, 1,,: and the combination of the Colecovision game console and the Expansion Module 1} which plaintiffs contend constitutes an infringement of Claim 1 of United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim: 1 1 1 1 1 1 0 ' n A. B. c. D. E. F. G. H. A hitting symbol; Means for generating a hitting symbol; A hit symbol; Means for generating a hit symbol; Coincidence between said hitting symbol and said hit symbol; Means for ascertaining coincidence between said hitting symbol and said hit symbol; A distinct motion imparted to the hit symbol upon coincidence; and Means for imparting a distinct motion to said hit symbol upon coincidence. NTERROGATORY NO. 1 For each combination of the games identified in response to NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
TO PLANTFFS (namely, "Fishing Derby", "Boxing", "Tennis" and "ce Hockey") and the consoles identified in response to NTERROGATORY NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim of United States Patent Re.,0, i identify the elements which plaintiffs contend correspond to the! following elements of the claim:, 1 1 1 1 A. B. c. A variation in the horizontal position of the hitting symbol; A variation 1n the vertical position of the hitting symbol; and Means for providing horizontal and vertical control signals for varying the horizontal and vertical positions of said hitting symbol. 1 NTERROGATORY NO. 1 For each combination of the games identified in response 0 to NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS (namely, "Fishing Derby", "Boxing", "Tennis" and "ce Hockey") and the consoles identified in response to NTERROGATORY NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the Expansion Module 1) which plaintiffs contend constitutes an infringement of Claim 0 of United States Patent Re.,0, Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
identify the elements which plaintiffs contend correspond to the following elements of the claim: ' ' 1 1 1 t 1 1 1 0 ll Page - A. A vertical synchronization signal; B. A horizontal synchronization signal; C. Means for generating vertical and horizontal synchronization signals; D. Means responsive to said synchronization signals for deflecting the beam of a cathode ray tube to generate a raster on the screen of the tube; E. A first symbol on said screen; F. A position for the first symbol which is directly. controlled by a player; G. Means coupled to said synchronization signal generating means and said cathode ray tube for generating a first symbol on said screen at a position which is directly controlled by a player; H. A second symbol on the screen which is movable;. Means coupled to said synchronization signals generating means and said cathode ray tube for generating a second symbol on said screen which is movable; J. A first coincidence between said first symbol and said second symbol; K. Means coupled to said first symbol generating means and said second symbol generating means for determining a first coincidence between said first symbol and said second symbol; DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
L. M. A distinct motion imparted to said second symbol in response to said coincidence; and Means coupled to said coincidence determining means and said second symbol generating means for imparting a distinct motion to said second symbol in response to said coincidence. NTERROGATORY NO. For each combination of the games identified in response J to NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES : TO PLANTFFS (namely, "Fishing Derby", "Boxing", "Tennis" and "ce Hockey"} and the consoles identified in response to NTERROGATORY ; NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS 1 (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, 1, and the combination of the Colecovision game console and the 1 Expansion Module 1) which plaintiffs contend constitutes an 1 inf ringement of Claim 1 of United States Patent Re.,0, 1 identify the elements which plaintiffs contend correspond to the 1 following elements of the claim: 0 A. A third symbol on the screen of the cathode ray tube; B. Player control of the position of the third symbol; c. Me ans coupled to said synchronization signal generating means and said cathode ray tube for generating a third symbol on said screen at a position which is controlled by a player; D. A second coincidence between said third symbol and said second symbol; Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. 1 -)
1. E. P. G. H. Means coupled to said third symbol generating means and second symbol generating means for determining a second coincidence between said third symbol and said second symbol; A first coincidence between said third symbol and said second symbol: A distinct motion imparted to said second symbol in response to the second coincidence; and Means coupled to said second and third symbol coincidence determining means and said second symbol generating means for imparting a distinct motion to said second symbol in response to said second coincidence. 1 NTERROGATORY NO. 1 For each combination of the games identified in response 1 to NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES 1 TO PLANTFFS (namely, "Fishing Derby", "Boxing", "Tennis" and "ce 1 1: Hockey") and the consoles identified in response to NTERROGATORY 0, NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS (namely, the Atari VCS Model 00, the Sears Tele-Game Video Arcade, and the combination of the Colecovision game console and the ', Ex pansion Module 1) which plaintiffs contend constitutes an infringement of Claim of United States Patent Re.,0, identify the elements which plaintiffs contend correspond to the following elements of the claim: Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
~ 1 1 1 1 1 1 0 A. A traveling of the second symbol across the screen from one side of the raster to another in the absence of an occurrence of coincidence between said second symbol and said first or third symbol after coincidence of said second symbol with said third or first symbol; B. A first coincidence of said second symbol with said third or first symbol; c. A second coincidence between said second symbol and said first or third symbol; and D. Means for causing said second symbol to travel across said screen from one side of said raster to another side of said raster in the absence of an occurrence of coincidence between said second symbol and said first or third symbol after coincidence of said second symbol with said third or first symbol. NTERROGATORY NO. Set forth in detail the nature of any additional information which plaintiffs deem necessary in order to respond fully to NTERROGATORES NOS. and of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS. NTERROGATORY NO. State whether each of the following television game consoles identified in response to NTERROGATORY NO. 0 of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS is licens:d or granted immunity from suit under any of the patents identified Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
in response to NTERROGATORES NOS. 1 and of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS: A. Atari VCS Model 00; B. Sears Tele-Game Video Arcade; c. Colecovision television game console; and D. Coleco Expansion Module 1. NTERROGATORY NO. For each television game console identified as being or granted immunity from suit in response to NTERROGATORY A. dentify the patent(s) under which the console is licensed or granted immunity from suit; B. dentify the license or other agreement in which the console is licensed or granted immunity from suit; C. dentify all persons having knowledge of the license or immunity from suit; D. dentify all communications relating to the license or immunity from suit; and E. dentify all documents which refer or relate in any way to the license or immunity from suit. 1 NTERROGATORY NO. dentify all portions of the subject matter described in U.S. Patent,,0 which Magnavox and Sanders contend are not prior art with regard to United States Patent Re.,0. Page 1 - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
NTERROGATORY NO. For each portion of the subject matter of u.s. Patent,,0 identified in response to NTERROGATORY NO. : 1 1 1 A. B. c. Set forth in detail the basis of the contention that the portion of the subject matter is not prior art; dentify all persons having knowledge of the respective dates of invention of that portion of the subject matter and the subject matter of United States Letters Patent Re.,0; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory, including all documents which support the contention that the portion of the subject matter is not prior art with regard to United States Letters Patent Re.,0. 1 NTERROGATORY NO. 1 With regard to the invention of means for denoting 1 1 coincidence when a dot generated by one dot generator is located in W the same position on a television screen as a dot generated by i j another dot generator, as claimed in Claim of U. S. Patent,,0 : v ll ~ ll Page 1 - A. What is the earliest date for each of the following: {1) Conception; { Actual reduction to practice; and {) Diligence toward reduction to practice ; DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS {NOS. -)
1 1 1 1 1 1 w n l B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A() of this interrogatory are based; C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention, state the date the invention was first suggested, and identify the person(s) to whom the invention was suggested; E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: (ll A concise description of each; () The date(s) each was made; () The person(s) who constructed each; () All persons having access to each prior to May, 1; and (} The present location and condition of each. Page 1 - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
H.. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NTERROGATORY NO. With regard to the invention of means for ascertaining coincidence between a hitting symbol and a hit symbol as claimed in ~ Claim of United States Letters Patent Re.,0: 1 1 1 ~ 1 1 r 1 0 : ' Page 1 - A. What is the earliest date for each of the following: (1} Conception; (} Actual reduction to practice; and (} Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l}- A(} of this interrogatory are based; C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s} to suggest the invention, state the date the invention was first suggested, and identify the person(s} to whom the invention was suggested; DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -}
! 1 1 1 1 1 1 E. P. G. H.. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: (1) A concise description of each; ( The date(s) each was made; () The person(s) who constructed each; () All persons having access to each prior to May, 1; and () The present location and condition of each. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the s ubject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NTERROGATORY NO. With regard to the invention of means for imparting a distinct motion to the hit symbol upon coincidence, as claimed in Claim of United States Letters Patent Re.,0 : Page 1 - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
A. What is the earliest date for each of the following: tl) Conception; i 1 1 1 1 ' 1 1 w (} Actual reduction to practice; and (1 Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A() of this interrogatory are based; C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention, state the date the invention was first suggested, a nd identify the person(s) to whom the invention was suggested; E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: ll ll Page 1 - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
1 H.. (1} A concise description of each; ( The date(s) each was made; (} The person(s) ~ho constructed each; () All persons having access to each prior to May, 1; and (} The present location and condition of each. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. 1 NTERROGATORY NO. 1 1 ' With regard to the invention of means for denoting 1 coincidence between hit and hitting spots, as claimed in Claim 1 of United States Letters Patent Re.,0: 1 A. What is the earliest date for each of the following: 0 (1) Conception; () Actual r eduction to practice; and () Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A() of this interrogatory are based; ll ll Page 0 - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
1 1 ' 1 1 1 1 r ' w ll ll ll ll Page - C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person{s) to suggest the invention, state the date the invention was first suggested, and identify the person(s} to whom the invention was suggested; E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: (1) A concise description of each; (} The date(s) each was made; () The person(s) who constructed each; {) All persons having access to each prior to May, 1; and () The present location and condition of e ach. DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
H.. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NTERROGATORY NO. 1 With regard to the invention of the concept of the hit ' spot reversing direction, as claimed in Claim of United State~ Letters Patent Re.,0: 1 1 1 1 1 1 1 0 A. What is the earliest date for each of the following: (1) Conception; () Actual reduction to practice; and () Diligence toward reduction to practice; B. Describe in detail the e vents which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A(l of this interrogatory are based; c. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention state the date the invention was first suggested, and identify the person(s) to whom the invention was suggested; Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
1 1 1: 1 1 ' 1 1 w E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: (1} A concise description of each; () The date(s) each was made; (} The person(s) who constructed each; ~) All persons having access to each prior to May, 1; and () The present location and condition of each. H. dentify all persons not otherwise identified in r e sponse to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and. dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NTERROGATORY NO. 1 With regard to the invention of means for ascertaining coincidence between either of two hitting spot; and a hit spot, as claimed in Claim of United States Letters Patent Re.,0: Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
A. What is the earliest date for each of the following: (ll Conception; 1 1 1 1 1 1 w '!!! () Actual reduction to practice; and () Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A(l of this interrogatory are based; C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention state the date the invention was first suggested, and identify the person(s) to whom the invention was suggested; E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: ll ll Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
1 H.. (1} A concise description of each; (} The date(s} each was made; () The personts) who constructed each; (} All persons having access to each prior to May, 1; and (} The present location and condition of each. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. 1 NTERROGATORY NO. 1 1 With regard to the invention of means for imparting a 1 i distinct motion to a hit spot upon coincidence with one of two 1 j, hitting spots, as claimed in Claim of United States Letters 1 li Patent Re.,0: 0 A. What is the earliest date for each of the following: (1) Conception; l) Actual reduction to practice; and (} Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A() of this interrogatory are based; ll Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -}
; 1 ' 1 ~ 1 1 1 1 w ll ll ll l l Page - C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s} to suggest the invention, state the date the invention was first suggested, and identify the person(s} to whom the invention was suggested; E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such d i sclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: (ll A concise description of each; ( The date(s} each was made; (} The person(s} who constructed each; () All persons having access to each prior to May, 1; and (} The present location and condition of each. DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -}
NTERROGATORY 1 H.. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NO. 1 With regard to the invention of means for ascertaining coincidence between a hitting symbol and a hit symbol, as claimed in Claim 1 of United States Letters Patent Re.,0: 1 1 1 ' 1 1 1 w A. What is the earliest date for each of the following: {ll Conception; {) Actual reduction to practice; and () Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A{l)- A(J} of this interrogatory are based; C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention, state the date the invention was first suggested, and identify the person(s) to whom the invention was suggested; Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS {NOS. -)
1 1 1 1 1 1 E. F. G. H.. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: (1) A concise description of each; ( The date(s) each was made; (} The person(s) who constructed each; () All persons having access to each prior to May, 1; and () The present location and condition of each. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NTERROGATORY NO. 1 With regard to the invention of means for imparting a distinct motion to the hit symbol upon coincidence with a hitting Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
symbol, as claimed in Claim 1 of United States Letters Patent Re.,0: 1 1 1 1 1 1 w A. What is the earliest date for each of the following: (1) Conception; (} Actual reduction to practice; and () Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A() of this interrogatory are based; C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention state the date the invention was first suggested, and identify the person(s) to whom the invention was suggested; E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
1 H.. (1) A concise description of each; ( The date(s) each was made; () The person(s} who constructed each; () All persons having access to each prior to May, 1; and () The present location and condition of each. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. 1 NTERROGATORY NO. 1 1 With regard to the invention of means for determining a 1 first coincidence between first and second symbols, as claimed in 1 Claim 0 of United States Letters Patent Re.,0: 1 0 A. What is the earliest date for each of the following: (1} Conception; () Actual reduction to practice; and () Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A() of this interrogatory are based; ll ll Page 0 - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
1 1 1 1 1 1 0 ~ ll ll ll 1 Page 1 - C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention, state the date the invention was first suggested, and identify the person(s) to whom the invention was suggested; E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: ( A concise description of each; () The date(s) each was made; () The person(s) who constructed each; (} All persons having access to each prior to May, 1; and () The present location and condition of each. DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
H.. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NTERROGATORY NO. With regard to the invention of means for imparting a distinct motion to the second symbol, as claimed in Claim 0 of 1 United States Letters Patent Re.,0: 1 1 M t 1 1 1 W ; A. What is the earliest date for each of the following: (1) Conception; () Actual reduction to practice; and () Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A() of this interrogatory are based; C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention state the date the invention was first suggested, and identify the person(sl to whom the invention was suggested; Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: (lj A concise description of each; ~ 1 1 1 1 ~ 1 ~ ' lj ( The date(s} each was made; (1 The person(s) who constructed each; (} All persons having access to each prior to May, 1; and (} The present location and condition of each. H. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and. dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NTERROGATORY NO. With regard to the invention of means for determining a second coincidence between a third symbol and the second symbol, as claimed in Claim 1 of United States Letters Patent Re.,0: Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -}
1 1 1 1 1! 1! w i: ll ll Page - A. What is the earliest date for each of the following: (1) Conception; () Actual reduction to practice; and {) Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A(l of this interrogatory are based; C. dentify all persons who participated in each of the events described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention, state the date the invention was first suggested, and identify the person(s) to whom the invention was suggested; E. dentify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the invention made prior to May, 1, including the following: DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
(1) A concise description of each; () The date(s) each was made; (} The person(s) who constructed each; (} All persons having access to each prior to May, 1; and ~} The present location and condition of each. H. dentify all persons not otherwise identified in 1 response to this interrogatory who have knowledge of the subject matte~ of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and. dentify all documents which refer or relate in any way to the subject matter of this interrogatory. 1 1 NTERROGATORY NO. 1 1: 1! 1: With regard to the invention of means for imparting a distinct motion to the second symbol in response to the second 1, coincidence, as claimed in Claim 1 of United States Letters Patent 1 Re, 0 : 0 ll Page - A. What is the earliest date for each of the following: (1} Conception; (} Actual reduction to practice; and (_) Diligence toward reduction to practice; B. Describe in detail the events which constitute the conception, reduction to practice and diligence on which the dates set forth in response to Parts A(l)- A(} of this interrogatory are based; DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
1 1 1 ' 1 1 1 0 i' ; ll ll ll ll Page - c. dentify all persons who participated in each of the eve nts described in response to Part B of this interrogatory, including the role of each such person; D. dentify the first person(s) to suggest the invention state the date the invention was first suggested, and identify the person(s) to whom the invention was suggested; E. de ntify all persons to whom the invention was disclosed prior to May, 1 and the date and place of each such disclosure; F. dentify all persons who had knowledge of the invention prior to May, 1 and the date each such person learned of the invention; G. dentify all prototypes, laboratory models, breadboard circuits and other physical embodiments of the inv ention made prior to May, 1, including the following: (1) A concise description of each; (} The date(s) each was made; (} The person(s) who constructed each; (} All persons having access to each prior to May, 1; and () The present location and condition of each. DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
H.. dentify all persons not otherwise identified in response to this interrogatory who have knowledge of the subject matter of any of Parts A through G of this interrogatory, and indicate the subject matter of which each such person has knowledge; and dentify all documents which refer or relate in any way to the subject matter of this interrogatory. NTERROGATORY NO. 1 With reference to plaintiffs' response to Part B of NTERROGATORY NO. of. DEFENDANT'S FRST SET OF NTERROGATORES TO 1 PLANTFFS, identify the subject matter which plaintiffs contend is inadequately disclosed in the Decus publication, and indicate what 1 a dditional disclosure, if any, plaintiffs contend would be necessary 1! to constitute prior art. 1 1 NTERROGATORY NO. 1 1 dentify each of the certain games known as "Spacewar''! 1 j which plaintiffs have acknowledged at Massachusetts nstitute of w Technology in the early 10's in response to Part C of NTERROGATOR NO. of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS, including the following: A. A description of the game; B. The date(s) when each such game was played; c. State when and under what circumstances Magnavox and/ or Sanders first became aware of each such game; V ll ~ ll Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
D. E. dentify all personnel of Magnavox and/ or Sanders having knowledge of each such game and the date(s) each such person acquired such knowledge; and dentify all documents in the possession, custody or control of Magnavox and/ or Sanders which refer or relate in any way to each such game. NTERROGATORY NO. 1 dentify all information, including documents, in the possession, custody or control of Magnavox and/or Sanders regarding the battling spaceship game which James T. Williams observed being played on a PDP-1 computer at Stanford University in the 10's. 1 1 NTERROGATORY NO. 1 1 Referring to plaintiffs' response to Part D of 1 1: NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES TO 1. PLANTFFS, what inforrna tion in addition to that set forth in 1 response to ~TERROGATORY NO. 1 do plaintiffs deem necessary in 1 order to determine whether the battling spaceship game which James W T. Williams observed at Stanford University constitutes prior art. NTERROGATORY NO. 1 Referring to plaintiffs' response to Part D of NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS, what information in addition to that set forth in response to NTERROGATORY NO. 1 do plaintiffs deem necessary in Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -)
order to determine whether the battling spaceship game which James T. Williams observed at Stanford University should be considered as prior art. NTERROGATORY NO. 1 Referring to plaintiffs' response to NTERROGATORY NO. of DEFENDANT'S FRST SET OF NTERROGATORES TO PLANTFFS, identify any additional information which plaintiffs hope to obtain by way of d1scovery in order to enable them to respond to NTERROGATORY NO.. NTERROGATORY NO. 1 What do plaintiffs contend constitutes a "hitting symbol" 1 in the context of Claims,, 1 and of United States Letters 1 1! Patent Re., 0? 1 1 NTERROGATORY NO. 1 What do plaintiffs contend constitutes a "hit symbol" in 1 the context of Claims,, 1 and of United States Letters 0 Patent Re.,0? NTERROGATORY NO. What do plaintiffs contend constitutes a "hitting s pot" in the context of Claims and of United States Letters Patent Re., 0? Page - DEFENDANT'S SECOND SET OF NTERROGATORES TO PLANTFFS (NOS. -}